What Are My Legal Rights if I'm Injured on Someone Else's Property in Yuma?
Whether the property you were injured on is private, public, city, or commercial, you may have legal rights to file claims for your injuries. However, these can be complex cases, and a highly advisable step is to talk with an experienced personal injury attorney who understands the laws and how they apply to your case.
Beyond working with an attorney, there are several things you can do if you're injured while on someone else's property.
- Seek medical attention. Even if you think the injury is minor, it's crucial that you visit a doctor as soon as possible. Some injuries, including severe ones, don't present symptoms right away.
- Collect evidence. This can include anything from photos or videos (including nearby security camera videos) that can illustrate the conditions that led to the accident (and may even show the accident happening). Medical records and bills, eyewitness testimony, and police records (if they were called for an accident report) can all be part of your case.
- Don't speak with the property owner's attorney or insurance representative. They want you to accept as much fault for the accident as possible so they don't have to pay much. If they want to talk with you, forward their information to your attorney.
What Kinds of Injuries Are Included in Personal Injury Law that Involve Someone Else's Property?
Pretty much any kind of injury suffered on someone else's property may be eligible for filing a claim. This list isn't complete but is meant to give an idea of the range of injuries.
- Dog bites or scratches
- Swimming pool injuries
- Slip and fall accidents (such as on a just-washed floor that's not marked with a warning sign)
- Lack of security (for situations involving robberies or assaults, for example)
- Dangerous conditions (such as stairways with burned-out lights)
What Does it Take to Prove that the Owner Was Liable for My Injury in a Slip and Fall Accident on Their Property?
To successfully file claims for damages in a slip and fall accident on someone else's property, the property owner must be proven negligent. There are four aspects of negligence, all of which must be proven for the case to be successful.
- Duty of care. The property owner has a duty of care to provide a reasonably safe environment for anyone accessing their property.
- Breach of the duty of care. The property owner did not provide that safe environment.
- Causation. Because the property owner didn't provide a safe environment, someone was injured in an accident that would likely not have happened if the duty of care hadn't been breached. This is often the most difficult part of negligence to prove.
- Damages. The victim suffered injuries and financial losses (medical bills, lost wages, etc.) because of the accident.
Note that while the term "negligence" is used, it can have multiple meanings. Many people assume that someone who's being negligent is deliberate about it. That certainly happens, but there are cases where the negligence isn't necessarily premeditated. For example, a property owner may understand that they must keep stairway lighting in good repair to avoid someone falling in the dark. But a light may burn out without the owner knowing it or thinking about checking it in a reasonable time.
What if I Was Trespassing on Someone Else's Property?
There are three ways to be on someone else's property, two of which are considered to be with the knowledge and permission of the owner.
- Invitee. This usually applies to businesses or commercial operations. People who visit a business are considered to have been invited there to take part in the business's venture, whether shopping at a store or attending a movie at a theater. This is the most legally protected category for people injured in a slip and fall, as the property owner is expected to provide the invitee with a safe environment.
- Licensee. A licensee involves a specific invitation issued to someone, such as when one neighbor invites someone to come to their home for dinner or a handyman to repair something within the home. The property owner is expected to inform the licensee of any potential hazard that might not be easily identified or visible.
- Trespasser. Trespassing is a situation in which someone is on someone else's property without the owner's knowledge and permission. A slip and fall in this circumstance could have fewer rights for claims than for invitees or licensees. However, many property owners assume that they'll owe nothing to injured trespassers, and that's an incorrect assumption under Arizona law. They're still expected to provide warning to trespassers of any dangerous conditions. They also owe more responsibility to children who trespass, as children are less likely to understand the concept of trespassing.
This isn't to say trespassers can receive full claims for injuries sustained while trespassing, especially if the case goes to court, where a judge and jury may not find them sympathetic.
What Should I Do if I Was Injured on Someone Else's Property and Need to File for Damages?
Call Citrine Law as soon as possible at 928-955-7191 to request a free consultation. These are complicated cases that can benefit from working with our team of experienced, knowledgeable personal injury attorneys. We understand how stressful this situation is and will examine the evidence in your case to help map out the right approach for the best possible outcomes.
